Elder Law

Federal Long-Term Care Commission Set to Issue Report

Published on: September 11, 2013 | by Ettinger Law Firm

Advocating for better long-term care is not just a concern of NY elder law attorneys. Policymakers at all levels and of all political persuasions are also keenly aware of the impact that the growing need for long-term care will have on communities nationwide.

There are few challenges more acute than figuring out how to ensure adequate senior care for all community members. As most know, we are on the cusp of a “gray wave” with demographics changes requiring an increased commitment to skilled care and assistance for seniors. The need extends to all facets of elder care, from ensuring there are enough physical spaces for those in need to coming up with ways to pay for the care.

Federal LTC Commission

Two More NY Nursing Homes Fined for Poor Care

Published on: September 6, 2013 | by Ettinger Law Firm

Late last month we shared information on New York’s performance in a national Nursing Home Report Card. A non-profit organization compiled the list using a mountain of government data related to staffing ratios, inspection results, and more. Sadly, New York did not come out of the examination looking that great. In fact, the overall state nursing home care was given a grade of F and listed as one of the worst places for long-term care in the country.

Importantly, this condemnation of the state’s general care does not mean that every facility in New York is substandard. There are many very high quality facilities that work diligently to meet the needs of all New York seniors who need assistance on a daily basis.

However, the report is a reminder that there are vast differences in quality between homes. Simply picking any facility will not due. Those who want to guarantee quality support for elder loved ones need to take time to investigate options and make educated choices. Finances often play a role in available options, and so families are encouraged to explore long-term care insurance and similar strategies to ensure resources will be available for this care down the road.

Unauthorized Charges: Financial Exploitation at the Dentist’s Office

Published on: September 4, 2013 | by Ettinger Law Firm

Advice is often given about checking a senior relative’s bank statements frequently to identify potential theft. Large cash withdrawals, donations to strange charities, and similar red flags should be pursued.

But sometimes elder financial exploitation is so bold, that victims–or their relatives–may not realize that they were mistreated.

For example, it is easy to overlook a large payment if it seems to be made for a reputable reason. Doctor’s payments may be quite large, but when skimming bank records, that payment may not immediately jump out as fraudulent. This creates an opening for exploitation.

Is There a New Way to Test for Dementia?

Published on: August 22, 2013 | by Ettinger Law Firm

It is a nightmare for many families. A senior shows signs of cognitive mental challenges–becomes forgetful and eventually is unable to live on their own. An adult child take control of the senior’s affairs in order to pay for bills and arrange for long-term care. But when the family member checks banks accounts they discover that the senior’s nest egg has been demolished. Tens of thousands of dollars have been funnelled out to strangers. The senior was the victim of financial exploitation, and now there is little money to pay for the long-term care that they need.

Believe it or not, this scenario occurs frequently. Dementia and Alzheimer’s are not rare diseases; they strike large portions of the population. Yet, because the signs build up only slowly, many family members do not realize the scope of their parent’s mental decline until far too late–after they hurt themselves in an accident or are financially decimated in a scam.

Because of the risks, elder law attorneys frequently remind residents to be proactive–checking up on loved ones frequently and putting legal documents in place to identify problems early on.

New York Nursing Homes & Poor Dental Care

Published on: August 5, 2013 | by Ettinger Law Firm

Most horror stories about poor nursing home care include tales of grotesque “bed sores,” broken bones gone undiagnosed, and similar cases of obvious caregiving lapses. But the best way to measure the quality of long-term care facilities may not be to see how many of these “big” mistakes are made. Instead, it might be more appropriate to look into resident’s mouths.

As a New York Times article discussed last week, there is a chronic problem of poor (and virtually non-existent) dental care provided at far too many nursing homes. A facility’s attention to dental care may be a key indicator of their overall commitment to proper support.

For one thing, many seniors do not have dental insurance. Medicare usually does not cover basic dental care. Medicaid might, but many have reported problems finding local dentists who accept Medicaid coverage. Without private insurance, many seniors simply go without regular cleanings and preventative care. Following a medical setback, dementia, or other challenge, many of these seniors land in nursing homes already in poor dental health.

NPR Story: Time to “Abolish” the Nursing Home

Published on: August 2, 2013 | by Ettinger Law Firm

It is no secret that the country is aging. More Americans are retiring and drifting into their golden years now then ever before. What’s more is that there is not a similarly-sized generation, meaning the percentage of elderly individuals is rising sharply.

All of this is leading many to evaluate the current state of elder care. As the population ages we will undoubtedly need more and more resources to provide the care that often comes with old age. For many, this is the first time that they have seriously considered the senior caregiving system in the United States–and many do not like what they see.

In fact, calls to create alternatives to the traditional nursing home system are louder now than they have ever been. For those who have sharp criticisms of the care provided to residents in these skilled nursing facilities, the idea of tens of millions more elderly loved ones being pushed into these facilities is frightening. As elder law attorneys often explain, the nursing home is usually the “last resort” for good reason.

Reverse Mortgage Case: Daughter Fights After Mother’s Passing

Published on: July 24, 2013 | by Ettinger Law Firm

Some adult children are forced to engage is prolonged legal battles after their parents passing over “reverse mortgages.” These mortgages are loans available to older homeowners. Essentially it allow the owners to withdraw money on their home in a lump sum or in monthly installments. For seniors who need immediate access to funds for emergency expenses, home care, or the like, the loan is tempting.

However, there are countless horror stories about unconscionable terms placed on the homeowner. Because the owners are usually seniors, there are many examples of elderly individuals who agree to the mortgage without truly appreciated what they are getting into. It is often up to adult children to work through the mess and fight for fairness after the fact.

For example, the Herald shared the on-going fight of one New York woman after her mother agreed to a downright “crazy” mortgage. As the story notes, the reverse mortgage in question had a base interest rate of 9.95%. On top of that the lender received a 50% share of any increase in the value of the home plus a 2% “maturity fee.” Even more there was a mandatory $33,000 annuity that needed be purchased by the homeowner with compounding interest on the balance. In other words, these are terms that most would be strongly advised against taking.

Back to the Basics: Understanding Medicaid Asset Protection Trusts in New York

Published on: July 18, 2013 | by Ettinger Law Firm

The tremendous benefit of planning ahead for possible long-term care needs cannot be explained enough. The typical New York family is understandably most concerned about paying monthly bills, attending birthday parties, fixing up the house, and the thousand other activities that fill the day. Taking the time to think about serious illness, death, and inheritance often falls quite low on the priority list.

The motto, “I’ll cross that bridge when I get there” may work well for issues that cannot be dealt with ahead of time, but that is certainly not the case when it comes to long-term care and similar elder issues. Planning makes all the difference, not just for the senior, but also their family. That is why it is critical to fight the inertia and be prudent about planning.

The MAPT

Comptroller Claims New York Medicaid Still Rife with Waste

Published on: July 16, 2013 | by Ettinger Law Firm

News about potential fraud and waste within the New York Medicaid system keeps on coming. It seems as if every week there is a new allegations of practices which unnecessarily cost the state money in unnecessary Medicaid payments. With Governor Cuomo’s continued focus on rooting out problems with the system, we can likely expect even more information to come out regarding these issues in the next few months.

In fact, just last week the Capitol Confidential published a story discussing how the New York Comptroller, Tom DiNapoli, recently released two new audits which suggest widespread waste in the system.

One of those audits suggests that the NY Department of Health paid out more money for certain procedures than is allowed under current Medicaid rules. The administrative rules for Medicaid set specific maximum rates for certain procedures. Care providers—from nursing homes to hospitals–know those set rates. Those facilities do not necessarily get to set their own price.

Long-Term Care Insurance — Essential for New York Women?

Published on: July 8, 2013 | by Ettinger Law Firm

Our NY estate planning lawyers frequently advise local residents that in virtually all cases the single best way to prepare for possible senior care needs is by purchasing long-term care insurance (LTCI). Unfortunately, the biggest barrier for most families in securing LTCI is cost. Depending on one’s age when purchasing the product, the premiums can be prohibitive. Gender also plays a role, as women may have higher rates because of their longer life expectancy. We reported last month on one large LTCI insurer, Genworth, making the decision to institute “differential pricing” to charge women more. Reports suggest there could anywhere from a 25% to 40% gender price gap.

Of course the trajectory of these insurance costs mirror the actual costs for nursing home stays or at-home caregivers. As the price of that care rises, so does the cost of LTCI insurance.

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